Natural Resources Defense Council et al v. Norton et al

Filing 1073

STIPULATION AND ORDER TO MODIFY FURTHER SCHEDULING ORDER (ECF 1027) signed by Chief Judge Lawrence J. O'Neill on March 21, 2017. (Munoz, I)

1

COUNSEL IDENTIFICATION ON FINAL PAGE

2
3
4

UNITED STATES DISTRICT COURT

5

EASTERN DISTRICT OF CALIFORNIA

6
7
8

NATURAL RESOURCES DEFENSE
COUNCIL, et al.,

9

Plaintiffs,

10
11
12

Case No. 1:05-cv-01207 LJO-EPG
STIPULATION AND ORDER TO MODIFY
FURTHER SCHEDULING ORDER (ECF
1027)

v.
RYAN K. ZINKE1, in his official capacity
as Secretary of the Interior, et al.,
Defendants.

13
14
15
16

SAN LUIS & DELTA MENDOTA
WATER AUTHORITY, et al.,
Defendants-Intervenors.

17
18
19

ANDERSON-COTTONWOOD
IRRIGATION DISTRICT, et al.,
Joined Parties.

20
21
22
23
24
25
26
27
28

1

Pursuant to Fed. R. Civ.P. 25(d), Ryan K. Zinke, in his capacity as Secretary of the Department
of the Interior, is automatically substituted for S.M.R. Jewell.
STIPULATION AND ORDER TO MODIFY FURTHER
BRIEFING SCHEDULE
CASE NO. 1:05-CV-01207 LJO-EPG

1

RECITALS

2

WHEREAS, on February 23, 2017, the Court entered its ruling on the parties’ motions to

3

dismiss, and dismissed Plaintiffs’ Fifth Claim for Relief and, as to Federal Defendants, narrowed

4

the scope of Plaintiffs’ Sixth Claim for Relief to: (i) “whether the approval of transfers

5

proximately caused the take alleged in the Sixth Claim for Relief;” or (ii) whether “Reclamation’s

6

failure to require [Glenn-Colusa Irrigation District] to divert up to 20,315 [acre feet] of water from

7

Stony Creek, rather than from the Sacramento River, could have proximately caused any of the

8

harms alleged in the Sixth Claim for Relief,” ECF 1069 at 56-57;
WHEREAS, pursuant to the Court’s June 6, 2016, Further Scheduling Order (ECF 1027),

9
10

Federal Defendants are to lodge the administrative record 20 days after the Court’s ruling on the

11

motions to dismiss;

12
13
14

WHEREAS, Plaintiffs filed a Fifth Supplemental Complaint on March 1, 2017 (ECF
1071);
WHEREAS, Federal Defendants need additional time to prepare an administrative record

15

for the Sixth Claim for Relief, as narrowed by the Court’s February 23, 2017 order, and for actions

16

challenged in Plaintiffs’ Fifth Supplemental Complaint;

17

WHEREAS, the parties agree that it would be in the best interest of all parties to review the

18

contents and be provided an opportunity to comment on the scope of those administrative records

19

prior to Federal Defendants’ lodging the records with the Court;

20
21
22
23
24

WHEREAS, the parties agree that Defendants should be allowed to file a responsive
pleading to Plaintiffs’ Fifth Supplemental Complaint;
WHEREAS, for the Sixth Claim for Relief, the parties agree that discovery is appropriate
as to the claims against the Sacramento River Settlement Contractor parties (SRS Contractors);
WHEREAS, for the Sixth Claim for Relief, the parties are discussing, but have not yet

25

agreed on: (i) the propriety, need for, or scope of discovery as to the claims against the Federal

26

Defendants; (ii) discovery schedules; (iii) a briefing schedule; or (iv) pre-trial and trial scheduling,

27

for that claim;

28

WHEREAS, the parties are continuing to meet and confer regarding Plaintiffs’ Sixth Claim
1

STIPULATION AND ORDER TO MODIFY FURTHER BRIEFING
SCHEDULE
CASE NO. 1:05-CV-01207 LJO-EPG

1

for Relief and intend to file a further stipulation regarding amendments to the briefing schedule as

2

to the remaining claims in this case once the parties reach agreement about Plaintiffs’ Sixth Claim

3

for Relief;

4

STIPULATION

5

NOW THEREFORE, counsel for Plaintiffs and Defendants hereby stipulate to the

6

following revised schedule regarding responsive pleadings and the administrative records in this

7

case:

8

Responsive Pleadings:

9
10
11



April 14, 2017: Answers to Plaintiffs’ Fifth Supplemental Complaint shall be filed.

Administrative Records:


April 12, 2017: Federal Defendants shall distribute to all parties a draft index summarizing

12

the proposed contents of the administrative record(s) (“AR”) for purposes of informing a meet and

13

confer process regarding any potential disputes.

14



April 19, 2017: Comments on the draft AR index shall be due to Federal Defendants.

15



May 3, 2017: Federal Defendants shall lodge the AR.

16



May 24, 2017: All motions regarding completeness of the AR and any motions or

17

stipulations to limit review of the Sixth Claim as against Federal Defendants to the AR shall be

18

filed. To the extent a motion is required, briefing shall take place according to the local rules.

19



7 days after Court’s ruling on any disputes regarding completeness of the AR: Federal

20

Defendants shall complete any change to the AR to conform with the Court’s rulings.

21

Discovery for the Sixth Claim:

22



March 24, 2017: Plaintiffs, SRS Contractors and Federal Defendants shall meet and confer

23

about the scope and schedule of discovery, and pre-trial and trial scheduling, for Plaintiffs’ Sixth

24

Claim for Relief against the SRS Contractors.

25



May 10, 2017: Following lodging and review of the administrative record, Plaintiffs and

26

Federal Defendants shall meet and confer about the scope and schedule of discovery for Plaintiffs’

27

Sixth Claim for Relief against Federal Defendants.

28
2

STIPULATION AND ORDER TO MODIFY FURTHER BRIEFING
SCHEDULE
CASE NO. 1:05-CV-01207 LJO-EPG

1
2

DATED: March 16, 2017

3

U.S. DEPARTMENT OF JUSTICE
ENVIRONMENT & NATURAL RESOURCES
DIVISION
601 D Street, NW Room 3712
Washington, D.C. 20044-7611
Telephone: [phone]
Facsimile: [phone]
Bradley H. Oliphant, Trial Attorney
U.S. DEPARTMENT OF JUSTICE
ENVIRONMENT & NATURAL RESOURCES
DIVISION
999 18th St., South Terrace, Ste. 370
Denver, CO 80202
Tel: [phone]
Facsimile: [phone]

4
5
6
7
8
9
10
11

Attorneys for Respondents Ryan K. Zinke, in his
official capacity as Secretary of the Interior, et al.

12
13

/s/_Nicole M. Smith_______
Nicole M. Smith

DATED: March 16, 2017

14
15

/s/ Barbara J. Chisholm (as authorized on Mar. 15,
2017)
Barbara J. Chisholm

19

HAMILTON CANDEE (SBN 111376)
BARBARA JANE CHISHOLM (SBN 224656)
TONY LOPRESTI (SBN 289269)
CORINNE JOHNSON (SB 287385)
ALTSHULER BERZON LLP
177 Post St., Suite 300
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]

20

Attorneys for Plaintiff NRDC

16
17
18

21
22
23
24
25
26
27
28

DATED: March 16, 2017

/s/Meredith Nikkel (as authorized on Mar. 15, 2017)
Meredith Nikkel
DOWNEY BRAND LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Intervenors and Joined Party
Defendants Reclamation District No. 108, Sutter
Mutual Water Company, Natomas Central Mutual
Water Company, River Garden Farms Company,
Pleasant Grove-Verona Mutual Water Company,
3

STIPULATION AND ORDER TO MODIFY FURTHER BRIEFING
SCHEDULE
CASE NO. 1:05-CV-01207 LJO-EPG

1

Pelger Mutual Water Company, Meridian Farms
Water Company, Henry D. Richter, et al., Howald
Farms, Inc., Oji Brothers Farm, Inc., Oji Family
Partnership, Carter Mutual Water Company,
Windswept Land And Livestock Company, Maxwell
Irrigation District, and Tisdale Irrigation and
Drainage Company

2
3
4
5
6

DATED: March 16, 2017

7

/s/ Andrew Hitchings (as authorized on Mar. 16,
2017)
Andrew Hitchings

8
SOMACH SIMMONS & DUNN
A Professional Corporation
500 Capitol Mall, Suite 1000
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

9
10
11
12

Attorneys for Intervenors and Joined Party
Defendants Glenn-Colusa Irrigation District,
Princeton-Codora-Glenn Irrigation District,
Provident Irrigation District, Anderson-Cottonwood
Irrigation District, City Of Redding, M & T Chico
Ranch (Pacific Realty Associates), Reclamation
District No. 1004, Conaway Preservation Group,
LLC, and David and Alice te Velde Family Trust

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

DATED: March 16, 2017

/s/ Daniel J. O’Hanlon (as authorized on Mar. 16,
2017)
Daniel J. O’Hanlon
KRONICK, MOSKOVITZ, TIEDEMANN &
GIRARD
A Professional Corporation
400 Capitol Mall, 27th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant-Intervenors and Joined
Party Defendants, San Luis & Delta-Mendota Water
Authority, Westlands Water District, Coelho Family
Trust, Eagle Field Water District, Fresno Slough
Water District, Mercy Springs Water District, Oro
Loma Water District, and Tranquillity Irrigation
4

STIPULATION AND ORDER TO MODIFY FURTHER BRIEFING
SCHEDULE
CASE NO. 1:05-CV-01207 LJO-EPG

1

District

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5

STIPULATION AND ORDER TO MODIFY FURTHER BRIEFING
SCHEDULE
CASE NO. 1:05-CV-01207 LJO-EPG

1

ORDER
Pursuant to the Parties’ Stipulation, the Court hereby ORDERS that the following schedule

2
3

for further proceedings in this case is established:

4

Responsive Pleadings:

5
6
7



April 14, 2017: Answers to Plaintiffs’ Fifth Supplemental Complaint shall be filed.

Administrative Records:


April 12, 2017: Federal Defendants shall distribute to all parties a draft index summarizing

8

the proposed contents of the administrative record(s) (“AR”) for purposes of informing a meet and

9

confer process regarding any potential disputes.

10



April 19, 2017: Comments on the draft AR index shall be due to Federal Defendants.

11



May 3, 2017: Federal Defendants shall lodge the AR.

12



May 24, 2017: All motions regarding completeness of the AR and any motions or

13

stipulations to limit review of the Sixth Claim as against Federal Defendants to the AR shall be

14

filed. To the extent a motion is required, briefing shall take place according to the local rules.

15



7 days after Court’s ruling on any disputes regarding completeness of the AR: Federal

16

Defendants shall complete any change to the AR to conform with the Court’s rulings.

17

Discovery for the Sixth Claim:

18



March 24, 2017: Plaintiffs, SRS Contractors and Federal Defendants shall meet and confer

19

about the scope and schedule of discovery, and pre-trial and trial scheduling, for Plaintiffs’ Sixth

20

Claim for Relief against the SRS Contractors.

21



May 10, 2017: Plaintiffs and Federal Defendants shall meet and confer about the scope

22

and schedule of discovery for Plaintiffs’ Sixth Claim for Relief against Federal Defendants.

23

IT IS SO ORDERED.

24
25

Dated:

/s/ Lawrence J. O’Neill _____

March 21, 2017

UNITED STATES CHIEF DISTRICT JUDGE

26
27
28
6

STIPULATION AND ORDER TO MODIFY FURTHER BRIEFING
SCHEDULE
CASE NO. 1:05-CV-01207 LJO-EPG